Rangita¯ne split over election battle

A schism in a Marlborough iwi has led to threats of High Court action and demands the current trustees step down so new elections can take place.

Legal correspondence posted to Facebook shows a group has been formed to challenge decisions made by the Te Ru¯nanga a Rangita¯ne o Wairau Trust.

Milly Finlay, who unsuccessfully stood as a candidate in the February election, is the spokeswoman for the group, an incorporated society called Rangita¯ne o Wairau Ahi Kaa.

Finlay declined to comment, but a letter from a Blenheim law firm representing the group shows it is alleging breaches of the trust deed made the election process invalid.

This has been strongly refuted by trust chairwoman Wendy Hynes, who said the trust had been given authority by the court and had sought legal advice to organise the elections.

‘‘We are endeavouring to deal with the issues raised by the Ahi Kaa parties through their legal advisors in terms of a process they have proposed,’’ she said.

‘‘We are hopeful the differences between us can be resolved in a sensible way and in the best interest of Rangitane.’’

Hynes said the trust hoped to meet with representatives of Ahi Kaa, but because the lawyer for the group was overseas this could not take place until the end of the month.

The allegations against the trust were posted to Facebook in two letters from a Blenheim law firm working for the Ahi Kaa group, Wain & Naysmith.

The first, dated July 24, said Rangita¯ne o Wairau members concerned by the actions of the trustees met in early July to discuss what action, if any, they should take. It was resolved at the hui to engage Wellington lawyer Tim Castle to investigate alleged breaches of the trust deed, and to make an application to the High Court.

This was to seek the dismissal of the current six trustees, unless they resigned voluntarily after organising new elections, the letter said.

‘‘The trustees will not be resigning voluntarily,’’ a lawyer acting for the trust, Miriam Radich, said in response.

‘‘They say, unequivocally, that there is no basis to any of the factual allegations Milly has made.’’

A second letter from Wain & Naysmith, dated September 1, said Castle had draft affidavits from a number of high-profile iwi members, including former trustees and staff members.

These included former development manager Richard Bradley, former chairwoman Tarina MacDonald, former trustee Dave Proctor, and the former general manager of the iwi.

The group was alleging breaches of the trust deed following the resignation of Lawrence MacDonald last November, depriving the three remaining trustees of a quorum.

His resignation came after an election date had been set, December 4, to replace the three trustees whose tenure had ended, Tarina MacDonald, Dave Proctor and Richard Andrell.

The group was arguing that once Lawrence MacDonald resigned, a ‘saving clause’ in the trust deed meant the three departing trustees needed to have been brought back to help fill the single vacancy.

In their first letter they take a somewhat different line and say that without a quorum the only actions trustees Hynes, Haysley MacDonald and Jeremy MacLeod could have taken was to organise an election.

However, they allege other actions were taken, such as processing membership registrations, and invoicing legal fees to the trust, the July 24 letter said.

The election date was ultimately changed to February 18 after an injunction was filed in the High Court by a candidate who was initially barred from standing, Calvin Hart.

Hart and two others were barred by a committee authorised to vet candidates based on their knowledge of tikanga, something that was seen by some in the iwi as political manipulation.

However, their exclusion was overturned and a fresh election process began, something Hynes said in a public notice meant the December 4 date was impossible to meet given the required notice period.

Following the departure of Lawrence MacDonald she said the remaining trustees were guided by the trust deed, and worked closely with electionz.com, Kahui Legal and Richard Fowler QC to make sure its requirements were met.

Hynes also said that the authority of the three remaining trustees over the election process and the annual meeting was confirmed during a High Court case in December.

‘‘We acted all times after that process in terms of the authority we had and within the parameters of legal advice we sought at the time,’’ she said.